Ankle decisions — 2017

The Board has determined that the Veteran does not have a current left ankle disability, lumbar spine disability, or right knee disability. The evidence of record is against finding service connection for any of these conditions.

The Veteran's right ankle disability has been rated at 20 percent since February 26, 2003. The Board finds that the evidence does not support a higher rating for any period on appeal.

The Veteran's claim for special monthly pension based on need for aid and attendance is denied as he does not meet the criteria of being helpless or so nearly helpless that he requires regular aid and attendance.

The Veteran is granted separate compensable ratings of 10 percent for neuropathy of the left lower extremity and a painful left ankle scar, both for purposes of accrued benefits.

The Veteran's current diagnoses of degenerative joint disease (osteoarthritis) of the neck, back, fingers, knees and ankles are found to be related to his active service.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since August 28, 2014. A TDIU rating is granted from that date.

The Board found that the Veteran's service connection claims for left ankle, bilateral leg, and bilateral foot disabilities were not supported by the evidence. The claim for increased rating of lumbosacral strain was also denied.

The Veteran's left ankle disability resulted in ankylosis with eversion deformity starting from December 22, 2015. The Board has granted a rating of 40 percent for this condition.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for sleep apnea, hypertension, kidney disorder, edema, neuropathy, left foot disorder, and right foot/ankle disorder. The preponderance of the evidence does not support a finding of in-service incurrence or aggravation of any of these conditions.

The Veteran's left ankle disorder is rated at 20 percent. The Board has granted a separate 20 percent rating for his left heel and foot condition, finding it to be moderately severe.

The Veteran's claims for service connection for a respiratory condition, right ankle disability, left knee disability, and lumbar spine disability were denied as there is no evidence of current disabilities or in-service incurrence.

The Board has determined that additional development is needed to obtain outstanding VA treatment records and to schedule the Veteran for examinations to determine the nature and etiology of his claimed conditions. The appeal will be remanded to allow for this development.

The Veteran's claims for service connection for a right ankle disorder, left knee disorder and skin disorder have been pending since their initial filing in May 1987. The RO denied these claims in November 1987, but the Veteran perfected an appeal on her own initiative. However, no action was taken by VA to transfer the case to the Board for appellate review. As a result, the effective date of service connection is being determined based on when entitlement arose with respect to the May 1987 claim.

The Veteran's claim for an increased evaluation for left foot pes planus with midfoot degenerative changes was denied. The Board found that the preponderance of evidence did not support a finding of pronounced pes planus, marked deformity, pain or spasm on manipulation of the foot, extreme tenderness of plantar surfaces of the feet, marked inward displacement or severe spasm of the tendo achilles on manipulation of the foot, or inward bowing of the tendo achillis during the period on appeal. The Veteran's claim for service connection for a right ankle condition was not addressed as it is related to an issue that is not about service connection.

The Board has denied the Veteran's claims of service connection for right ankle and knee disabilities, as well as back and left shoulder disabilities. Further development is needed to determine the current nature and etiology of these conditions.

The Board has remanded the issues of service connection for sleep disorder, hearing loss, lumbar spine spondylolisthesis with degenerative disease L5-S1, right ankle post-operative residuals, traumatic arthritis, and left knee retropatellar pain syndrome to allow for additional development.

The Veteran's claim for an increased rating for his service-connected right ankle condition is denied as he has already received the maximum 20 percent rating for limited motion of the joint, and there is no competent evidence of ankylosis of the right ankle.

The Veteran's residuals of right ankle and foot injury with osteoporosis and calcaneal spurring results in moderately severe impairment, but not severe impairment or marked limitation of motion. The criteria for a rating of 20 percent are met.

The Veteran's right ankle dorsiflexor weakness is rated at 20 percent, the maximum rating available under DC 5312 for moderate disability. The initial compensable rating for basal cell carcinoma of the right leg remains unchanged.

The Veteran's right ankle disability, which is currently rated at 20 percent under the Diagnostic Code for limitation of motion of the ankle (DC 5271), does not meet the criteria for a higher rating as there is no evidence of ankylosis or other impairment warranting such. The Veteran retains mobility in his ankle joint and therefore, cannot recover under any applicable diagnostic codes.